Under current law, sexual assault is a class 4 felony and unlawful
sexual contact is a class 1 misdemeanor subject to a modified sentencingrange as an extraordinary risk crime. When the offense is committed bya peace officer, the bill classifies sexual assault as a class 3 felony andunlawful sexual contact as a class 4 felony.
The bill creates the offense of unlawful sexual conduct by a peace
officer. A peace officer commits the offense when he or she knowinglyengages in sexual contact, sexual intrusion, or sexual penetration: 
When the peace officer encounters the victim for thepurpose of law enforcement or in the performance of theofficer's duties;
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When the peace officer knows at the time of the unlawfulsexual conduct that the victim is the subject of an activeinvestigation; or
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When the peace officer makes any show of authority inconnection with the unlawful sexual conduct.
Unlawful sexual conduct by a peace officer is a class 4 felony
when the offense is committed by sexual contact and is a class 3 felonywhen the offense is committed by sexual intrusion or sexual penetration.An offender convicted of unlawful sexual conduct by a peace officer isrequired to register as a sex offender. An offender convicted of class 3felony unlawful sexual conduct by a peace officer is subject to lifetimesupervision.